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La estafa del amor. Reflexiones en torno al engaño bastante

Amparo Martínez Guerra (2025) — Cuadernos de Política Criminal

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DOI: 10.14679/4237 (opens in a new tab)

Country:   Spain
Tags:   Criminal Fraud Law, Deception, Financial Harm, Non Financial Harm, Romance Scams, Spanish Case Law, Victim Vulnerability
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Synopsis

            
The work examines romance scams as a prominent cybercrime and focuses on how deception within love and loneliness creates a distinctive, relational dynamic between offender and victim. Using a legal- criminological lens, the author contrasts the social and personal content of the deception with the formal defenses and remedies available in Spanish law, particularly regarding the concept of “engaño bastante” (crude or substantial deceit) and the resulting patrimonial harm. The analysis situates the romance scam within five stages of manipulation, drawing on Whitty’s Persuasive Technique Model, and highlights how a victim’s search for an ideal partner, ongoing grooming, and the promise of a lasting relationship converge to produce a relocation of funds and resources. A central concern is what counts as enough deception to be prosecutable as a crime rather than a civil matter. The author explores the content of the misrepresentation (identity, promises of marriage, financial and caregiving scenarios) and the degree to which the deceit constitutes a substantial, legally actionable harm. The discussion surveys case law to illustrate when courts treat the deceit as a criminal offense and when civil avenues might apply, with particular attention to how the promesa de matrimonio (promise of marriage) interacts with both civil obligations and criminal liability. The work also surveys victim characteristics and the social-technical environment of online dating platforms, noting that harms extend beyond financial loss to psychological impact. In conclusion, the author argues that the evolving digital ecosystem and advances in technology render deception more sophisticated, complicating the criteria for “burdo” or clearly actionable deceit. The piece cautions that current Spanish jurisprudence largely treats harms as patrimonial, while there is growing debate about recognizing non-financial harms and potentially reclassifying romance scams within broader personal-rights offenses.

          

        
                  

            
Identified Gaps

            
The paper identifies unresolved issues in distinguishing criminally sufficient deception from socially tolerated romantic misrepresentation, especially in digital relationships. It also highlights incomplete recognition and compensation of non-financial harms, uncertainty about applying aggravating circumstances, and continuing difficulties in identifying and prosecuting offenders across jurisdictions.

          

        
                  

            
Methods

            
Doctrinal legal analysis of Spanish criminal and civil law, Spanish case law, EU legal instruments, and cited criminological and victimological research. The paper uses romance-scam cases to assess when deception is legally sufficient under Spanish fraud law, the role of victim self-protection, and the treatment of financial and non-financial harm.

          

        
                  

            
Limitations

            
This is a legal-doctrinal reflection rather than original empirical research. Claims about victim profiles, offender dynamics, and harms are drawn from prior studies, some based on surveys rather than police, court, or reporting data. The legal conclusions are principally tied to Spanish law and jurisprudence, limiting direct transferability to other legal systems.

          

        
                  

            
Future Work

            
Future work should examine whether romance scams warrant enhanced sentencing where love, loneliness, or the need for social connection are exploited. It should also clarify how non-financial harms can be recognized without making criminal liability depend on victims’ subjective feelings, and assess whether prevention can draw on domestic-violence and abuse frameworks.

          

              

    
    

        
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